H-1B Dismissed — Computer Science (2017): did not establish the proffered position qualifies as a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation and that a valid employer-employee relationship would exist. The AAO noted a discrepancy between the job duties described, which resembled a 'Software Developer, Applications', and the filed Labor Condition Application (LCA), which designated the role as a lower-level 'Computer Programmer'. This inconsistency undermined the claim that the position required a bachelor's degree in a specific specialty.

Criteria Discussed

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